Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they owed rent for over 21 days. The tenant must now pay back rent, water bills, and other charges.
⚖️ Legal holding
A tenant's tenancy can be terminated for rent arrears of at least 21 days on the hearing date.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows termination if the tenant caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent/other occupiers.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant was ordered to pay outstanding debts.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears of at least 21 days on the hearing date. The tenant was ordered to pay outstanding debts including rent arrears, water rates, and filing fees.
📚 Full judgment Official document
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[2025] NZTT 5181453
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 29 Hinonga Loop, Silverdale 0932
ORDER
1. The tenancy of [NAME] at 29 Hinonga Loop, Silverdale, Silverdale 0932 is terminated, and possession is granted to [COMPANY] as Agent for [COMPANY], at 12.15pm on Thursday 20 March 2025.
2. The [COMPANY] is to pay the bond of $2,780.00 (6498118-007) to [COMPANY] as Agent for [COMPANY] immediately.
3. [NAME] must pay [COMPANY] as Agent for [COMPANY] $837.92 immediately, calculated as shown in the table below.
4. This order may be enforced immediately.
Description Landlord Tenant Rent arrears to 20 March 2025 $3,380.00 Water rates $210.92 Filing fee reimbursement $27.00 Total award $3,617.92 Less bond $2,780.00 Total payable by Tenant to Landlord $837.92
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Reasons:
1. The hearing was conducted by telephone. Only the landlord attended. Calls to the tenant at the time of the hearing went straight to voicemail. I am satisfied that the tenant was served with notice of the hearing.
2. The landlord has applied for termination of the tenancy for rent arrears and payment of the bond.
3. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
4. Rent is at least 21 days in arrears at the hearing date and so the tenancy is terminated.
5. The landlord provided rent records to prove the amount of rent arrears to today.
6. The landlord provided invoices to prove the water rates owing as ordered.
7. I have directed that this order may be enforced immediately because it appears that the tenant is in prison and so he is not occupying the premises. It is up to the landlord to decide whether a bailiff’s appointment is required.
[NAME]
20 March 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The rent was at least 21 days in arrears on the hearing date.
- The landlord provided rent records proving the amount of rent arrears.
- The landlord provided invoices proving the water rates owing.
❌ Tends to be rejected
- The tenant did not attend the hearing.
- There were no arguments presented by the tenant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay outstanding debts.
What was the dispute about?
The dispute was about terminating a tenancy due to unpaid rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not paid rent for over 21 days.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also have their tenancy terminated if they do not pay rent for over 21 days.
What evidence or documents mattered?
The evidence included rent records and invoices for water rates.